the auditor of state is hereby authorized to draw his warrants upon the treasurer of the state therefor. (89 v. 407, as amended April 27, 1915.)

SECTION 2313. How authority obtained to make expenditures in case of deficiency or emergency. In case of any deficiency in any of the appropriations for the expenses of an institution, department or commission of the state for any biennial period, or in case of an emergency requiring the expenditure of money not specifically provided by law, the trustees, managers, directors or superintendent of such institution, or the officers of such department or commission, may make application to the emergency board for authority to create obligations within the scope of the purpose for which such appropriations were made to expend money not specifically provided for by law. Such applicant shall fully set forth to the secretary in writing the facts in connection with the case. As soon as can be done conveniently, the secretary shall arrange for a meeting of the board, and shall notify the applicant of time and place of the meeting and request his presence. No authority to make such expenditures shall be granted with the approval of less than four members of the board, who shall sign it. (89 v. 407, as amended April 27, 1915.)

SECTION 2313-1. What written authority shall specify and where filed. The written authority provided for in section 2313 shall specify the amount in which and the purposes for which obligations may be created as therein provided. It shall be filed with the auditor of state and he shall open an account in his office in accordance therewith for the payment of any obligation authorized as provided in section 2313. The applicant receiving such authority shal! issue proper vouchers to the auditor of state, as provided by section two hundred and forty-four of the General Code. Upon receipt of such vouchers the auditor, if satisfied as provided in said section that the claim presented is due and payable, shall draw his warrant on the treasurer of state against any appropriation for the uses and purposes of the emergency board. (Passed April 11, 1913.)

SECTION 2313-2. Contingent appropriations and how applied. The General Assembly may provide at the time of making appropriations for the expenses of the various institutions, commissions and departments of state a contingent appropriation for the uses and purposes of the emergency board. Such appropriations unless otherwise provided by law shall be applied to the payment of deficiencies in other current appropriations as provided by sections 2312, 2313, 2313-1. Except as provided in said sections, no officer, board, commission or department of state shall have authority to create any deficiency, nor incur any indebtedness on behalf of the state. The emergency board pro vided for in said sections may not in any biennial period authorize the expenditure of any sum or sums of money exceeding in the aggregate the amount appropriated for the uses and purposes as hereinbefore provided. (Passed April 11, 1913.)

SECTION 2313-3.

How officer may attend conference or convention out. side state; expenses. No executive, legislative or judicial officer, board, commission or employe of the state shall attend at state expense any association, conference or convention outside the state unless authorized by the emergency board. Before such allowance may be made, the head of the department shali make application in writing to the emergency board showing necessity for such attendance and the probable cost to the state. If a majority of the members of the emergency board approve the application, such expense shall be paid from the emergency fund. (Passed April 27, 1915.)

PUBLIC BUILDING REGULATIONS

STATE BUILDINGS

SECTION 2314. Plans and estimates. Whenever any building or struc ture for the use of the state or any institution supported in whole or in part by the state or in or upon the public works of the state that are administered by the superintendent of public works, is to be erected or constructed, or whenever additions or alterations, structural or other improvements are to be made, or heating, cooling or ventilating plants or other equipment to be installed for the use of the state, or in or upon such public works or in or for an institution supported in whole or in part by the state, or for the supply of material therefor, the aggregate cost of which exceeds three thousand dollars, each officer, board or other authority, upon whom devolves the duty of constructing, erecting, altering, or installing the same, hereinafter called the owner shall make or cause to be made, by an architect or engineer whose contract of employment shall be prepared and approved by the attorney general and filed with the auditor of state, the following: full and accurate plans, suitable for the use of mechanics and other builders in such construction, improvement, addition, alteration, or installation; and details to scale and full sized, so drawn and represented as to be easily understood; accurate bills showing the exact quantity of different kinds of material necessary to the construction; definite and complete specifications of the work to be performed, together with such directions as will enable a competent mechanic or other builder to carry them out and afford bidders all needful information; a full and accurate estimate of each item of expense and of the aggregate cost thereof, and such further data as may be required by the governor, secretary of state and auditor of state acting as and being the state building commission. In the absence of the governor, the secretary to the governor, in the absence of the secretary of state, the assistant secretary of state, and in the absence of the auditor of state, the deputy auditor of state, shall act as members of such commission. (As amended March 29, 1917.)

SECTION 2315. Submission to governor, auditor and secretary of state. The plans, details, bills of material, specifications of work, estimates of cost in detail and in the aggregate, form of bidding proposal and bond of bidder and other data that may be required shall be prepared on such material and in such manner and form as may be prescribed by the state building commission, and shall be submitted to such commission for its approval. If so approved the same shall be deposited and safely kept in the office of the auditor of state as the property of the state. (As amended March 29, 1917.)

SECTION 2316. Notice of time and place bids will be received. The bond provided for in sections 2315 and 2319 shall be conditioned that, if his proposal is accepted, the bidder will within ten days next after the awarding of such contract, enter into a proper contract in accordance with the proposal, plans, details, specifications and bills of material and that he will faithfully perform each and every condition of the same. Such bond shall also indemnify the state against the damage that may be suffered by failure to perform such contract according to the provisions thereof, and in accordance with the plans, details, specifications and bills of material therefor. Such bond shall also be conditioned for the payment of all material and labor furnished for or used in the construction for which such contract is made. The bond may be enforced against the person, persons or company executing such bond, by any claimant for labor or material and suit may be brought on such bond in the name of the state of Ohio on relation of the claimant within one year from the date of de

livering or furnishing such labor or material, in the court of common pleas of the county wherein such labor or material was furnished or delivered, and such bonds, or sureties thereon shall not be released by the execution of any additional security, notes, retentions from estimates, or other instrument on account of such claim, or for any reason whatsoever, except the full payment . of such claim for labor or material. (As amended March 29, 1917.)

SECTION 2317. How notice given, what to contain. After the proceedings required by sections 2314 and 2315 have been complied with, such owner shall give public notice of the time and place when and where proposals will be received for performing the labor and furnishing the materials of such construction, improvement, alteration, addition or installation, and a contract or contracts therefor awarded, except for materials manufactured by the state or labor supplied by the Ohio board of administration that may enter into the same. The form of proposal approved by the state building commission shall be used, and a proposal shall be invalid and not considered unless such form is used without change, alteration or addition. Bidders may be permitted to bid upon all the branches of work and materials to be furnished and supplied, or upon any thereof, or alternately upon all or any thereof. (As amended March 29, 1917.)

SECTION 2318. Award of contract. The notice shall be published once each week for four consecutive weeks, the last publication to be at least eight days next preceding the day for opening the bids, in such newspaper or newspapers, and in such form and with such phraseology as the state building commission shall order. Copies of the plans, details, bills of material and specifications shall be open to public inspection at all business hours between the day of the first publication and the day for opening the bids, at the office of the auditor of state, and such other place or places as may be designated in such notice. (As amended March 29, 1917.)

SECTION 2319. Bids may be rejected; further proceedings. On the day and at the place named in the notice, such owner shall open the proposals, and shall publicly, with the assistance of the architect, or engineer, immediately proceed to tabulate the bids upon triplicate sheets, one of which shall be filed with the auditor of state. A proposal shall be invalid and not considered ůnless a bond, in the form approved by the state building commission, with sufficient sureties, in a sum equal to the total sum of the proposal, is filed with such proposal, nor unless such proposal and bond are filed in one sealed envelope. After investigation which shall be completed within thirty days, the contract shall be awarded by such owner to the lowest bidder, or bidders. No contract shall be entered into until the Industrial Commission of Ohio has certified that the corporation, partnership or person so awarded the contract has complied with each and every condition of the act of February 26, 1913, and of all acts amendatory and supplementary thereto, known as the workmen's compensation law, and until, if the bidder so awarded the contract is a foreign corporation, the secretary of state has certified that such corporation is authorized to do business in this state, and until, if the bidder so awarded the contract is a person or partnership non-resident of this state, such person or partnership has filed with the secretary of state a power of attorney designating the secretary of state as his or its agent for the purpose of accepting service of summons in any action brought under the provisions of section 2316 of the General Code or under the provisions of the workmen's compensation law; and until the contract and bond shall be submitted to the attorney general and his approval certified thereon. (As amended March 29, 1917.)

SECTION 2320.

How plans may be changed. If in the opinion of such owner, the acceptance of the lowest bid or bids is not for the best interests of the state, with the written consent of the state building commission, they may accept, in their discretion, another proposal so opened or reject all proposals, and advertise for other bids, such advertisement to be for such time, in such form and in such newspaper or newspapers as may be directed by the state building commission. All contracts shall provide that such owner may make any change in work or materials on the conditions and in the manner hereinafter provided. (As amended March 29, 1917.)

SECTION 2321. Allowance for work or material under changed plans. After they are so approved and filed with the auditor of state, no change of plans, details, bills of material or specifications shall be made or allowed unless the same are approved by the state building commission. When so approved, the plans of the proposed change, with detail to scale and full size, specifications of work and bills of material shall be filed with the auditor of state as required with original papers. If such change affects the price, the amount thereof shall likewise receive such approval. (As amended March 29, 1917.)

SECTION 2322. Changes shall be in writing. Whenever such change is approved by the state building commission, accepted in writing by the contractor and filed with the auditor of state, the same shall be considered as being a part of the original contract, and the bond theretofore executed shall be held to include and cover the same. (As amended March 29, 1917.)

SECTION 2323. Certain costs shall not exceed estimate or amount authorized. No contract shall be entered into pursuant to section 2317 at a price in excess of the entire estimate thereof. Nor shall the entire cost of the construction, improvement, alteration, addition or installation including changes and estimates of expenses for architects or engineers, exceed in the aggregate the amount authorized by law for the same. (As amended March 29, 1917.)

SECTION 2324. Estimates of labor and materials. At the time named in the contract for payment to the person or persons with whom it is made, such owner shall make or cause to be made, in such manner and form as shall be prescribed by the auditor of state, a full, accurate and detailed estimate of the various kinds of labor performed and material furnished thereunder with the amount due for each kind of labor and material and the material and the amount due in the aggregate, which estimate shall be based upon actual measurement of such labor and materials, and shall give the amounts of the preceding estimate or estimates and the amount of labor performed and materials furnished since the last estimate. From the total of such estimate the architect or engineer shall deduct five per centum which shall be retained as additional security for the faithful performance of the contract. (As amended March 29, 1917.)

SECTION 2325. Record of estimates; payments. Such estimates shall be filed by such owner, and a certified copy thereof delivered to the auditor of state. Upon all estimates of material furnished and delivered but not actually having entered into and become a part of such building, construction, alteration, addition, installation or improvement, and which has been inspected and approved by the architect or engineer and his certificate therefor attached to such estimate, there shall be paid a sum not to exceed fifty per centum of such estimated value, and thereupon such material shall become the property of the state. The balance of such estimate shall be paid when such material is incorporated into and becomes a part of such building, construction, addition, improvement, alteration, or installation. (As amended March 29, 1917.)

SECTION 2326. Warrant on estimates; five per cent. retained as security. On receipt of an estimate, the auditor of state shall carefully compare it with the contract under which the labor was performed or materials furnished, and with all previous estimates. If he finds such estimate correct, he shall number and place it on file, make a record thereof, and draw a warrant therefor for the amount thereof less deductions shown thereon. When the labor to be performed and materials furnished under the contract is performed and are furnished and a final estimate thereof made, the architect or engineer shall add to such estimate the total sum of the five per centum deductions made upon all preceding estimates. (As amended March 29, 1917.)

SECTION 2327. Payment of warrants. The treasurer of the state shall pay the warrants issued by the auditor of state under the provisions of this chapter, place them on file and keep a register of the names of the person or persons to whom they are paid. (R. S. Sec. 790.)

SECTION 2328. Duties of trustees if contractor fails to perform con. tract. When in the opinion of such owner, the work under any contract made in pursuance of the foregoing provisions of this chapter or any law of the state is neglected by the contractor or such work is not prosecuted with the diligence and force specified or intended in the contract, such owner may make requisition upon the contractor for such additional specific force or materials to be brought into the work under such contract or to remove improper materials from the grounds as in their judgment the contract and its faithful fulfillment requires. (As amended March 29, 1917.)

SECTION 2329. Proceedings if contractor fails to comply with requisition. Not less than five days' notice in writing of such action shall be served upon the contractor or his agent in charge of the work. If the contractor fails to comply with such requisition within fifteen days, such owner, with the written consent of the governor, auditor of state and secretary of state, may employ upon the work the additional force, or supply the special materials or such part of either, as they deem proper, and may remove improper materials from the grounds. (As amended March 29, 1917.)

SECTION 2330. Recovery against contractor. Such owner shall make separate estimates of all additional force or materials so employed or supplied, which, being certified by them, shall be paid by the auditor of state. The amount so paid shall be charged against the contractor and be deducted from his next or any subsequent estimate. The amount or any part thereof not so paid

may be recovered by action from such contractor and his sureties. amended March 29, 1917.)

(As

SECTION 2331. Contract shall contain provisions as to time of completion. All contracts under the provisions of this chapter shall contain provision in regard to the time when the whole or any specified portion of work contemplated therein shall be completed and that for each and every day it shall be delayed beyond the time so named the contractor shall forfeit and pay to the state a sum to be fixed in the contract, which shall be deducted from any payment or payments due or to become due the contractor. (R. S. Sec. 793.)

SECTION 2332. Duty of attorney general. The attorney general shall have charge of and direct the proceedings necessary to enforce contracts authorized by the preceding provisions of this chapter. (R. S. Sec. 791.)

COUNTY BUILDINGS AND BRIDGES

SECTION 2333. Building commission. When county commissioners have determined to erect a court house or other county building at a cost to